Boyd v. State
Boyd v. State
Opinion of the Court
Appellant Boyd was placed on three years probation in 1985 after pleading guilty to burglary of an unoccupied conveyance. Probation was revoked in November 1984, and appellant was placed on one year community control. Community control was revoked in March 1985, and appellant was sentenced to a split sentence of 18 months incarceration followed by two years probation. In August 1986, the State filed a second affidavit of violation of probation. Appellant was not arrested until February 1988, at which time probation was again revoked and he was sentenced to five years incarceration. In light of the presumptive guideline sentence of any non-state prison sanction, the trial court gave several written reasons for the departure sentence. Boyd now appeals, arguing: (1) that the sentence imposed after his last violation of probation violated double jeopardy; (2) that the trial court failed to give clear and convincing reasons for departing from the sentencing guidelines; and (3) that the trial court erroneously imposed a guideline sentence without appellant having affirmatively elected to be sentenced under the guidelines.
We find the first point to be controlled by the supreme court’s recent holding in Poore v. State, 531 So.2d 161 (Fla. 1988) that, where a defendant violates probation after being given a “probationary split sentence,” the resentencing judge may impose any sentence which he might originally have imposed without violating double jeopardy. We also affirm the trial court’s imposition of a five-year term of incarceration, finding the court’s reasons for departure to be clear and convincing.
As to the third point, the record on appeal clearly indicates that appellant did
. Section 921.001(4)(a), F.S.
Reference
- Full Case Name
- Charles Allen BOYD v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published